Path toward Family Reunification: Structural
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Path toward Family Reunification: Structural Constraints on Filipina Live-In Caregivers in Montreal Kazue Takamura Postdoctoral Fellow School of Social Work McGill University Contents of the presentation Objectives of the study and
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01
Path toward Family Reunification: Structural Constraints on Filipina Live-In Caregivers in Montreal Kazue Takamura
Postdoctoral Fellow
School of Social Work
McGill University<br>
Postdoctoral Fellow
School of Social Work
McGill University<br>
02
Contents of the presentation Objectives of the study and literature review
Problems with the literature
The argument: a long-term, structural perspective
Analytical framework: types of constraints
Why mothers’ migration matters
Background
Female labor migration from the Philippines
Live-In Caregiver Program
Structural Constraints on the path toward family reunification and its long term impact on social mobility
Conclusion<br>
Problems with the literature
The argument: a long-term, structural perspective
Analytical framework: types of constraints
Why mothers’ migration matters
Background
Female labor migration from the Philippines
Live-In Caregiver Program
Structural Constraints on the path toward family reunification and its long term impact on social mobility
Conclusion<br>
03
Aim of the study To analyze the structural constraints on the migration trajectory of female migrants and families in a long-term perspective
The path toward family reunification of Filipina live-in caregivers
Canada’s Live-In Caregiver Program: a unique and crucial pathway to family reunification because of the opportunity to gain residency<br>
The path toward family reunification of Filipina live-in caregivers
Canada’s Live-In Caregiver Program: a unique and crucial pathway to family reunification because of the opportunity to gain residency<br>
04
Problem with the literature on female labor migration Literature is divided into Separation and Settlement
Experience of separation (during the labor migration)
Impact of female migration on families: emotional ties, conjugal relations, left-behind children, transnational mothering
(Ho 1999; Schmalzbauer 2004; Asis et al. 2004; Scalabrini Migration Center 2004;
Parrenas 2005; Yeoh and Lam2007; Dreby 2007, 2010)
Experience of settlement (after reunification)
Psychological implication of family separation among immigrant youth
(Smith et al. 2004; Rousseau et al. 2009; Suarez-Orozco et al. 2002, 2011)
Intergenerational struggles after the reunification, educational adaptation of newly-arrived children
(Cohen 2000; Allen 2004; Pratt 2004, 2009; Caro 2008; Foner 2009; Menjivar and Abrego 2009; Pineda 2010; Corak 2011)
Economic Integration, labor participation
(Kelly 2006, 2010; Castoguay 2009; Goldring and Landolt 2012)<br>
Experience of separation (during the labor migration)
Impact of female migration on families: emotional ties, conjugal relations, left-behind children, transnational mothering
(Ho 1999; Schmalzbauer 2004; Asis et al. 2004; Scalabrini Migration Center 2004;
Parrenas 2005; Yeoh and Lam2007; Dreby 2007, 2010)
Experience of settlement (after reunification)
Psychological implication of family separation among immigrant youth
(Smith et al. 2004; Rousseau et al. 2009; Suarez-Orozco et al. 2002, 2011)
Intergenerational struggles after the reunification, educational adaptation of newly-arrived children
(Cohen 2000; Allen 2004; Pratt 2004, 2009; Caro 2008; Foner 2009; Menjivar and Abrego 2009; Pineda 2010; Corak 2011)
Economic Integration, labor participation
(Kelly 2006, 2010; Castoguay 2009; Goldring and Landolt 2012)<br>
05
A long-term, structural perspective Problem: discontinuity between separation and reunification literature
My argument : it is necessary to have a long-term, structural perspective on female labor migration and families
Focus of my study = To understand how initial constraints on female labor migration affect the family reunification process and social mobility of immigrant families<br>
My argument : it is necessary to have a long-term, structural perspective on female labor migration and families
Focus of my study = To understand how initial constraints on female labor migration affect the family reunification process and social mobility of immigrant families<br>
06
Structural Constraints on female labor migration<br>
07
Types of constraints on the path toward family reunification Political constraints
- Immigration process
- Precarious legal status
Economic constraints
- Financial burden (family reunification expense, financial pressure from home)
Social constraints
- Family challenges (conjugal relations, inadmissible children)
- Resource problem (limited access to information and services)<br>
- Immigration process
- Precarious legal status
Economic constraints
- Financial burden (family reunification expense, financial pressure from home)
Social constraints
- Family challenges (conjugal relations, inadmissible children)
- Resource problem (limited access to information and services)<br>
08
Why mothers’ migration matters? -Gender: The impact of female migration on family significantly differs from that of male migration.
Especially significant is the negative consequence of mothers’ migration on children.
-Transnational mothering: persistent expectation of mothering by left-behind families and mothers’ attempt to maintain emotional care from afar.
-Child factor: Experience of migrant mothers significantly differs from that of female migrants without children. This is particularly evident during the path toward permanent residency, including the immigration process, family relations, and socio-economic mobility after the LCP.<br>
Especially significant is the negative consequence of mothers’ migration on children.
-Transnational mothering: persistent expectation of mothering by left-behind families and mothers’ attempt to maintain emotional care from afar.
-Child factor: Experience of migrant mothers significantly differs from that of female migrants without children. This is particularly evident during the path toward permanent residency, including the immigration process, family relations, and socio-economic mobility after the LCP.<br>
09
Growing female migration from the Philippines - Estimated 10 million Filipinos work and live abroad
(=10% of the total population of the Philippines)
- Growing female migrant workers
- Major destinations : Middle Eastern countries, Hong Kong, Singapore, Taiwan, and Canada
- Female migration =“care work” including
nurses, nannies, domestic helpers
- Low-paid, temporary condition
- Pull factor to Canada: Live-In Caregiver Program
(directly affects the demography of Canada= rapid growth of Tagalog speaking population)<br>
(=10% of the total population of the Philippines)
- Growing female migrant workers
- Major destinations : Middle Eastern countries, Hong Kong, Singapore, Taiwan, and Canada
- Female migration =“care work” including
nurses, nannies, domestic helpers
- Low-paid, temporary condition
- Pull factor to Canada: Live-In Caregiver Program
(directly affects the demography of Canada= rapid growth of Tagalog speaking population)<br>
10
Major overseas work destinations from the Philippines in 2010 Philippines Overseas Employment Administration (POEA) http://www.poea.gov.ph/<br>
11
Push and pull factors of female migration from the Philippines Push factors (Philippines)
-Chronic poverty and high unemployment rate
-Accumulation of foreign debt due to the Marcos regime since 1980s
-The structural adjustment program (SAP) introduced by IMF: pay debt by earning foreign currency through remittances, by cutting social welfare expenditure.
-Consequence of SAP: rising living cost (taxation of goods), lack of welfare, unstable labor market (lower wage in public sector)
- Labor export policy which is highly facilitated by the state is the only solution for the country to pay debt.
Pull factors (global labor market and immigration policies)
Labor-receiving states favor recruiting temporary rather than permanent form of migration = to increase flexibility of the labor markets.
Thus, what is created by both push and pull factors is: disposable cheap labor.<br>
-Chronic poverty and high unemployment rate
-Accumulation of foreign debt due to the Marcos regime since 1980s
-The structural adjustment program (SAP) introduced by IMF: pay debt by earning foreign currency through remittances, by cutting social welfare expenditure.
-Consequence of SAP: rising living cost (taxation of goods), lack of welfare, unstable labor market (lower wage in public sector)
- Labor export policy which is highly facilitated by the state is the only solution for the country to pay debt.
Pull factors (global labor market and immigration policies)
Labor-receiving states favor recruiting temporary rather than permanent form of migration = to increase flexibility of the labor markets.
Thus, what is created by both push and pull factors is: disposable cheap labor.<br>
12
Canada’s Live-In Caregiver Program Live-In Caregiver Program (LCP) was introduced in 1992. It aims to meet the demand for private (live-in) care for children and the elderly.
History of Canada’s caregiver program since 1960s
Nearly 90 percent of the live-in caregivers are females from the Philippines.
LCP is a unique temporary foreign worker program which allows applicants to apply for Permanent Residency in Canada after the completion of a 24 month live-in requirement.
Majority of live-in caregivers are college-educated.<br>
History of Canada’s caregiver program since 1960s
Nearly 90 percent of the live-in caregivers are females from the Philippines.
LCP is a unique temporary foreign worker program which allows applicants to apply for Permanent Residency in Canada after the completion of a 24 month live-in requirement.
Majority of live-in caregivers are college-educated.<br>
13
Temporary foreign worker program (low-skilled category) Human Resources and Skills Development Canada, Citizenship and Immigration Canada (2011) Canada Facts and Figures: Immigration Overview Permanent and Temporary Residents 2010<br>
14
Number of entries under temporary foreign worker program Citizenship and Immigration Canada (2011) Canada Facts and Figures: Immigration Overview Permanent and Temporary Residents 2010<br>
15
Major source countries of foreign workers (present as of December 1 of every year) The numbers include both low-skilled and high skilled workers. Citizenship and Immigration Canada (2011) Canada Facts and Figures: Immigration Overview Permanent and Temporary Residents 2010<br>
16
Permanent residency under the Live-In Caregiver Program (LCP) Between 1993 and 2009, 52,493 former live-in caregivers obtained PR.
90 percent are from the Philippines.
65 percent of former caregivers claimed to be single.
More than half of sponsored dependents are children: 17,792 out of a total of 30,028.
De facto divorce: one-third of married live-in caregivers do not sponsor their spouses for PR. (Kelly et al. 2011. “Profile of live-in caregiver immigrants to Canada 1993-2009”)<br>
90 percent are from the Philippines.
65 percent of former caregivers claimed to be single.
More than half of sponsored dependents are children: 17,792 out of a total of 30,028.
De facto divorce: one-third of married live-in caregivers do not sponsor their spouses for PR. (Kelly et al. 2011. “Profile of live-in caregiver immigrants to Canada 1993-2009”)<br>
17
Major source countries of permanent residents in Canada Citizenship and Immigration Canada (2012) Canada Facts and Figures: Immigration Overview Permanent and Temporary Residents 2011<br>
18
Permanent residents (landed) under LCP and Filipino permanent residents Citizenship and Immigration Canada (2012) Canada Facts and Figures: Immigration Overview Permanent and Temporary Residents 2011<br>
19
Main issues related to the LCP Abusive live-in working conditions
- Due to the 24 month live-in requirement
(Langevin 2000; Oxman-Martinez et al. 2004)
Precarious legal status (Langevin and Belleau 2000; Choudry et al. 2009)
-Work permit under a specific employer’s name
-Slow legal process upon changing employers (takes at least 3 months)
-Fraudulent employers and brokers upon arrival (no initial employment for several months)
-Time limit (3 years before April 2010, current 4 years)
-Limited labor protection (workers’ compensation)
Deskilling (Kelly 2006, 2010) :
-Cycle of low-paid employment
-Labor participation after the LCP (Castonguay 2009; Torres et al. 2012)
Missing issues: Post-LCP experience, especially the family reunification process<br>
- Due to the 24 month live-in requirement
(Langevin 2000; Oxman-Martinez et al. 2004)
Precarious legal status (Langevin and Belleau 2000; Choudry et al. 2009)
-Work permit under a specific employer’s name
-Slow legal process upon changing employers (takes at least 3 months)
-Fraudulent employers and brokers upon arrival (no initial employment for several months)
-Time limit (3 years before April 2010, current 4 years)
-Limited labor protection (workers’ compensation)
Deskilling (Kelly 2006, 2010) :
-Cycle of low-paid employment
-Labor participation after the LCP (Castonguay 2009; Torres et al. 2012)
Missing issues: Post-LCP experience, especially the family reunification process<br>
20
Steps for family reunification Stage 1: Live-in Caregiver Program = mandatory condition for applying a PR
-24 month live-in requirement within 4 years (*3 years before April 2010)
Stage 2: Waiting period for PR (up to 4 years or more)
-PR application process for self and family members
-Obtain an open work permit
-Transition from “live-in” to “live-out”
Stage 3: Eventual Family Reunification
-Arrival of the family
-New living adjustment for the family<br>
-24 month live-in requirement within 4 years (*3 years before April 2010)
Stage 2: Waiting period for PR (up to 4 years or more)
-PR application process for self and family members
-Obtain an open work permit
-Transition from “live-in” to “live-out”
Stage 3: Eventual Family Reunification
-Arrival of the family
-New living adjustment for the family<br>
21
Constraints on the path toward family reunification Political constraints
-Immigration process (a)
-Precarious legal status(c)
Social constraints
Family challenges (b)
Resource problem (e)
Economic constraints
- Financial burden (d)<br>
-Immigration process (a)
-Precarious legal status(c)
Social constraints
Family challenges (b)
Resource problem (e)
Economic constraints
- Financial burden (d)<br>
22
Definition of “family” under Canada’s immigration policy According to the Immigration and Refugee Protection Regulations part 1(Division 3), the definition of “family member” in respect of a person means:
- the spouse or common-law partner of the person;
- a dependent child of the person or of the person’s spouse or common-law partner; and
- a dependent child of a dependent child referred to above<br>
- the spouse or common-law partner of the person;
- a dependent child of the person or of the person’s spouse or common-law partner; and
- a dependent child of a dependent child referred to above<br>
23
a) Immigration process (political) Time limit under the LCP: difficulty in meeting the 24 month live-in requirement within the time limit, therefore many can not apply for PR
Slow immigration process of permanent residency application (up to 4 years)
Complicated application process of PR (only available online, a long list of document requirements)
Atypical family = slower process
(over-aged children, pregnant children, sick or handicapped children)<br>
Slow immigration process of permanent residency application (up to 4 years)
Complicated application process of PR (only available online, a long list of document requirements)
Atypical family = slower process
(over-aged children, pregnant children, sick or handicapped children)<br>
24
b) Family challenges (social) PR application = Inclusion and exclusion of family members
- Children’s age (age limit at 22)
- Continuous full-time schooling requirement if child is older than 22
- Health condition of the family members
(sick or handicapped family members)
- Marriage and pregnancy of the children
(married children are no longer dependents)
- Broken conjugal relations (one-third of married caregivers were not joined by husbands)<br>
- Children’s age (age limit at 22)
- Continuous full-time schooling requirement if child is older than 22
- Health condition of the family members
(sick or handicapped family members)
- Marriage and pregnancy of the children
(married children are no longer dependents)
- Broken conjugal relations (one-third of married caregivers were not joined by husbands)<br>
25
b) Background of family challenges Prolonged family separation
- Average years of family separation of Filipina live-in caregivers in Canada = 7 years
- Factors of prolonged family separation = economic conditions in the Philippines; immigration policies in receiving countries
- Outcomes: broken conjugal relations, delaying children’s school integration, problematic mother-child relations, social mobility of children<br>
- Average years of family separation of Filipina live-in caregivers in Canada = 7 years
- Factors of prolonged family separation = economic conditions in the Philippines; immigration policies in receiving countries
- Outcomes: broken conjugal relations, delaying children’s school integration, problematic mother-child relations, social mobility of children<br>
26
b) Family challenges: divorce High separation rate among Filipina live-in caregivers
Absence of divorce law in the Philippines
Possibility of filing divorce in Canada
Statutory declaration: 1) Evidence of separated spouse living with another partner, or 2) Income tax returns showing status as separated.
Complicated case: custody issue of children (separated husband refuses to permit children to come to Canada)
Rise of single mother households among Filipino families in Canada<br>
Absence of divorce law in the Philippines
Possibility of filing divorce in Canada
Statutory declaration: 1) Evidence of separated spouse living with another partner, or 2) Income tax returns showing status as separated.
Complicated case: custody issue of children (separated husband refuses to permit children to come to Canada)
Rise of single mother households among Filipino families in Canada<br>
27
c) Precarious legal status -After completing a 24 month live-in working requirement, a caregiver can apply for an open work permit which has no restriction in terms of types of employment.
-This condition is supposed to release caregivers from legal constraint under one specific job category and one specific employer.<br>
-This condition is supposed to release caregivers from legal constraint under one specific job category and one specific employer.<br>
28
c)Precarious legal status (political) Issues before obtaining an open work permit
- Slow process to issue an open work permit (up to 18 months)
Until open work permit is issued, caregiver must continuously work as caregiver
If one finds a job other than caregiver, it is technically illegal. This condition denies worker’s health care coverage.<br>
- Slow process to issue an open work permit (up to 18 months)
Until open work permit is issued, caregiver must continuously work as caregiver
If one finds a job other than caregiver, it is technically illegal. This condition denies worker’s health care coverage.<br>
29
C)Legal status and social mobility After obtaining an open work permit
Constraints
A work permit could be open with regard to employers, but this does not guarantee a better and stable employment.
Foreign professionals must do further schooling in order to practice their professions in Canada.
Open work permit only allows 6 months schooling which is not enough for qualifying degrees in Canada.
Outcomes = low social mobility
Continuous low-paid jobs and often multiple jobs in order to meet financial obligation.
Legal status of migrants at the point of entry has a long-term impact on economic incorporation into the host society (Goldring and Landolt 2012).<br>
Constraints
A work permit could be open with regard to employers, but this does not guarantee a better and stable employment.
Foreign professionals must do further schooling in order to practice their professions in Canada.
Open work permit only allows 6 months schooling which is not enough for qualifying degrees in Canada.
Outcomes = low social mobility
Continuous low-paid jobs and often multiple jobs in order to meet financial obligation.
Legal status of migrants at the point of entry has a long-term impact on economic incorporation into the host society (Goldring and Landolt 2012).<br>
30
d) Financial burden (economic) (a) Continuous low-paid employment due to the initial status as a live-in caregiver
(b) Financial commitment during the waiting time
- Continuous remittances to support children
Financial support to extended family members
(c) Expensive family reunification expense
Immigration fees
Airfare for the family members
Housing, furniture, winter clothes for children, and other necessary expenses for the new life<br>
(b) Financial commitment during the waiting time
- Continuous remittances to support children
Financial support to extended family members
(c) Expensive family reunification expense
Immigration fees
Airfare for the family members
Housing, furniture, winter clothes for children, and other necessary expenses for the new life<br>
31
Cost for family reunification An example of a female caregiver who has three children plus husband
[The processing fee upon submitting the application]
-principal applicant $550
-3 children (under age 22 ) $150*3
-spouse $550
sub-total $1,550
[The right of permanent residence fee after the application is approved]
-principal applicant $490
-spouse $490
sub-total $980
Health exam fees $100*4 persons*2 times =$800
(valid for a year)
Passport $25 (950peso)*4 persons = $100
Airfare $1,400*4 persons= $5,600
Travel tax (in the Philippines) $45(1,620peso)*1+35(1,350peso)*3=$150
Total cost for family reunification $9,180
*Standard wage of a live-in caregiver in Quebec $9.90/hour
Annual income $19,404 (before tax) = 40hours*49 weeks Citizenship and Immigration Canada(www.cic.gc.ca), Department of Foreign Affaires Philippines (http://passport.com.ph/passport-fees)<br>
[The processing fee upon submitting the application]
-principal applicant $550
-3 children (under age 22 ) $150*3
-spouse $550
sub-total $1,550
[The right of permanent residence fee after the application is approved]
-principal applicant $490
-spouse $490
sub-total $980
Health exam fees $100*4 persons*2 times =$800
(valid for a year)
Passport $25 (950peso)*4 persons = $100
Airfare $1,400*4 persons= $5,600
Travel tax (in the Philippines) $45(1,620peso)*1+35(1,350peso)*3=$150
Total cost for family reunification $9,180
*Standard wage of a live-in caregiver in Quebec $9.90/hour
Annual income $19,404 (before tax) = 40hours*49 weeks Citizenship and Immigration Canada(www.cic.gc.ca), Department of Foreign Affaires Philippines (http://passport.com.ph/passport-fees)<br>
32
e) Resource problem (social) Social isolation and marginalization process during the LCP; language barrier (in Quebec)
Limited access to accurate information and potential resources (for permanent residency, upgrading skills, and job opportunities)
-Delaying or damaging the reunification (PR) process
-Difficulty in moving beyond the low-income sector
*Advocacy organizations (PINAY, AAFQ, IWC) provide workshops, legal clinics, and French classes.<br>
Limited access to accurate information and potential resources (for permanent residency, upgrading skills, and job opportunities)
-Delaying or damaging the reunification (PR) process
-Difficulty in moving beyond the low-income sector
*Advocacy organizations (PINAY, AAFQ, IWC) provide workshops, legal clinics, and French classes.<br>
33
Impact of female labor migration on social mobility of children Female migration for temporary work
Prolonged family separation
Age of the child at arrival
Difficulties in adapting to the school setting (teenage children)
Higher rate of high-school drop-out (25%) among children who arrived in Canada after the age of 13 (Corak 2011)
Cycle of low-paid employment, therefore lower socio-economic mobility<br>
Prolonged family separation
Age of the child at arrival
Difficulties in adapting to the school setting (teenage children)
Higher rate of high-school drop-out (25%) among children who arrived in Canada after the age of 13 (Corak 2011)
Cycle of low-paid employment, therefore lower socio-economic mobility<br>
34
Summary Slow immigration process: causing longer family separation
Family challenges: prolonged family separation = broken conjugal relations (=single mother households), inadmissible children (sick or over-aged children), delaying children’s social integration
Legal issues: precarious legal status = difficulty in qualifying one’s professional skills, therefore remain low-paid
Financial burden: continuous remittances, expensive family reunification cost
Resource problem: isolation during the LCP = lack of access to information and potential services<br>
Family challenges: prolonged family separation = broken conjugal relations (=single mother households), inadmissible children (sick or over-aged children), delaying children’s social integration
Legal issues: precarious legal status = difficulty in qualifying one’s professional skills, therefore remain low-paid
Financial burden: continuous remittances, expensive family reunification cost
Resource problem: isolation during the LCP = lack of access to information and potential services<br>
35
Distinct character of the recent Filipino migration to Canada -Concentration of Filipina in the LCP = No other countries than the Philippines provide college educated female workers for low-skilled jobs in global labor market
-Shift in the migration pattern: from the professionals in the 1960s and 70s to the low-skilled sector since 1980s
-Female driven migration
-Length of separation
Therefore, separation and reunification due to mothers’ labor migration is currently experienced disproportionally by Filipino families in Canada
*comparison with Caribbean female labor migration in the 1960s and 70s (Henry 1994)<br>
-Shift in the migration pattern: from the professionals in the 1960s and 70s to the low-skilled sector since 1980s
-Female driven migration
-Length of separation
Therefore, separation and reunification due to mothers’ labor migration is currently experienced disproportionally by Filipino families in Canada
*comparison with Caribbean female labor migration in the 1960s and 70s (Henry 1994)<br>
36
Conclusion - A long-term, structural perspective on female labor migration and family.
-The initial precarious legal status as well as the prolonged family separation – the major outcomes of female labor migration -negatively shape the social mobility of immigrant youth and families in the long run.
-Slow immigration process for PR application as well as resource and financial constraints should be addressed by government and civil society.<br>
-The initial precarious legal status as well as the prolonged family separation – the major outcomes of female labor migration -negatively shape the social mobility of immigrant youth and families in the long run.
-Slow immigration process for PR application as well as resource and financial constraints should be addressed by government and civil society.<br>
37
Impact of female labor migration on families (b) (a)<br>
38
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